Food Safety
search
Ask Food Safety AI
cart
facebook twitter linkedin instagram youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
Food Safety
  • NEWS
    • Latest News
    • White Papers
  • PRODUCTS
  • TOPICS
    • Contamination Control
    • Food Types
    • Management
    • Process Control
    • Regulatory
    • Sanitation
    • Supply Chain
    • Testing and Analysis
  • PODCAST
  • EXCLUSIVES
    • Food Safety Five Newsreel
    • eBooks
    • FSM Distinguished Service Award
    • Interactive Product Spotlights
    • Videos
  • BUYER'S GUIDE
  • MORE
    • NEWSLETTERS >
      • Archive Issues
      • Subscribe to eNews
    • Store
    • Sponsor Insights
    • ASK FSM AI
  • WEBINARS
  • FOOD SAFETY SUMMIT
  • EMAG
    • eMagazine
    • Archive Issues
    • Editorial Advisory Board
    • Contact
    • Advertise
  • SIGN UP!
RegulatorySupply ChainInspectionUSDAImports/Exports

USDA-FSIS Steps Up Reinspection Enforcement: Do You Have Your Import Paperwork in Order?

March 3, 2015

During January 2015, the U.S. Department of Agriculture’s Food Safety and Inspection Service (USDA FSIS) issued six recall notices for meat and poultry food products that importers failed to present to FSIS for reinspection. By way of comparison, FSIS issued only six such recall notices in all of 2014, involving just under 22,000 pounds of product. The January 2015 recalls alone involve more than 220,000 pounds of product and include not just meat cuts and finished product, but also processed ingredients that are then used in downstream products. The financial implications for companies due to these recalls are significant, not only because of recall costs, but also the potential for penalties to be imposed by U.S. Customs & Border Protection (CBP). In addition, recalls for food ingredients present a problem for customer relations and public perception. As discussed more fully below, a recent change to FSIS import requirements appears to have triggered an increase in FSIS surveillance of FSIS-regulated imports. Considering the business costs presented by the failure to present product to FSIS for reinspection, companies should be taking steps to ensure that their import paperwork for meat and poultry food products is in order.

All meat and poultry food products are potentially subject to FSIS jurisdiction upon import into the U.S. Although FSIS has opted to exempt some products from certain requirements because they contain only small amounts of meat or poultry (under a policy known as “amenability”), importers of all other meat and poultry food products must submit prior notification of the import to FSIS and, upon arrival in the U.S., present the product for FSIS reinspection. The failure to present product for reinspection, known in FSIS parlance as “FTP,” is a technical violation, not necessarily indicating whether there is any health or safety concern regarding the imported product; nevertheless, FSIS appears to aggressively encourage manufacturers of FTP product to conduct a recall and has, when issuing recall notices, classified all FTP-based recalls as “Class I,” that is, a situation in which there is a reasonable probability that the use of or exposure to a violative product will cause serious adverse health consequences or death.

The increased enforcement appears to relate to FSIS’s continued implementation of its Public Health Information System (PHIS)-Import component, an electronic alternative to the paper-based import inspection application process. Although the transition to this electronic import notification platform has been going on for over 2 years, FSIS’ September 19, 2014 final rule (effective November 18, 2014) imposing a new deadline for prior notification (no later than when the entry is filed with CBP) and requiring electronic submission of a modified FSIS Form 9540-1 appears to have fomented the increased enforcement. Indeed, we understand that FSIS has doubled the number of staff reviewing import paperwork through the PHIS-Import Component before even issuing industry guidance (which was just published on February 12, 2014).

Since FTP product is imported, companies are not only dealing with FSIS, but also with CBP. FSIS works with CBP to obtain redelivery of the recalled, FTP product and ensure appropriate disposition. According to FSIS Notice 69-14, only destruction or export of the product to the country of origin is permitted. The product also is potentially subject to CBP-imposed penalties, which could be as severe as three times the value of the violative product. There are several mechanisms to mitigate CBP penalties, and companies would be well-served to take proactive action where CBP is concerned.

Recall costs, potential penalties, increased scrutiny on future imports, customer relations and public perception—these factors should all convince any company that the implications of FTP are substantial. Indeed, the increased enforcement already has drawn attention. The non-governmental organization Food and Water Watch sent a letter on January 20, 2015, to USDA Secretary Tom Vilsack, citing concerns regarding the apparent increase in FTP. Given the scrutiny currently being given to meat and poultry food products, we strongly recommend that companies make sure their import paperwork is in order.

Deborah C. Attwood, Esq. is an associate attorney in Keller and Heckman, LLP’s Food and Drug Practice. She focuses her practice on the regulation of food, animal feed and food packaging, and can be reached at attwood@khlaw.com or 202 434-4107.

Brian P. Sylvester, Esq. is an associate attorney in Keller and Heckman’s Food and Drug practice. Prior to joining the firm, he was a regulatory lawyer at USDA from 2009 to 2014, and can be reached at sylvester@khlaw.com or 202 434-4139.

 

>
Author(s): Deborah C. Attwood, Esq., and Brian P. Sylvester, Esq.

Looking for quick answers on food safety topics?
Try Ask FSM, our new smart AI search tool.
Ask FSM →

Share This Story

Recommended Content

JOIN TODAY
to unlock your recommendations.

Already have an account? Sign In

  • people holding baby chicks

    Serovar Differences Matter: Utility of Deep Serotyping in Broiler Production and Processing

    This article discusses the significance of Salmonella in...
    Microbiological Control
    By: Nikki Shariat Ph.D.
  • woman washing hands

    Building a Culture of Hygiene in the Food Processing Plant

    Everyone entering a food processing facility needs to...
    Training
    By: Richard F. Stier, M.S.
  • graphical representation of earth over dirt

    Climate Change and Emerging Risks to Food Safety: Building Climate Resilience

    This article examines the multifaceted threats to food...
    Best Practices
    By: Maria Cristina Tirado Ph.D., D.V.M. and Shamini Albert Raj M.A.
Manage My Account
  • eMagazine Subscription
  • Subscribe to Newsletters
  • Manage My Preferences
  • Website Registration
  • Subscription Customer Service

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the Food Safety Magazine audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of Food Safety Magazine or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • NEVIFIT 3 Compartment BPA-FREE
    Sponsored byCorbion

    The Risks of Ready-to-Eat: Five Ways to Protect Today's Prepared Meals

  • a group of workers in a food production facility
    Sponsored bySkillUp by Registrar Corp

    How to Build a Better Training Program: Data and Insights from the Global Food Safety Training Survey

  • the use of dual-energy X-ray food inspection technology to identify foreign contaminants.
    Sponsored byEagle by METTLER TOLEDO

    Precision Inspection Starts with the Right X-ray Detector

Popular Stories

green powder/moringa in wooden mortar

FDA Opens Third Salmonella–Moringa Outbreak Investigation of the Year

FoodSafetyMattersFinal-900x550-(002).jpg

Ep. 218. Dr. Brady Carter: Water Activity, Shelf-Life Validation, and Food Safety Controls

fermented meat

Study is First to Analyze Trends in Foodborne Illness Outbreaks Linked to Non-Dairy Fermented Products

a practical guide to spoilage investigation webinar

Events

June 10, 2026

A Practical Guide to Spoilage Investigation and Prevention

Live: June 10, 2026 at 11:00 am EDT: Join this webinar to learn how to identify spoilage root causes, reduce risk, and apply data-driven strategies for prevention.

June 16, 2026

Sustainable Food Contact Materials: Where Regulation Meets Analytical Testing

Live: June 16, 2026 at 11:00 am EDT: This webinar explores how sustainability regulations are changing food contact material requirements, including packaging compliance, unintended substances, and per- and polyfluoroalkyl substances.

June 17, 2026

Living HACCP: Practical Steps for Implementation

Live: June 17, 2026, at 12:00 pm EDT: From this webinar, attendees will understand how social norms shape the way hazards are understood, how decisions are made, and how well risks are understood and acted on across companies.

View All

Products

Global Food Safety Microbial Interventions and Molecular Advancements

Global Food Safety Microbial Interventions and Molecular Advancements

See More Products

Related Articles

  • What Can You Do If You Have Not Yet Taken Action on FSMA?

    See More
  • Food Plant Sanitation: Have You Found Your Niche?

    See More
  • You’ve got a COVID-19 Case in Your Food Processing Plant…Now What Do You Do?

    See More

Related Products

See More Products
  • 0813808774.jpg

    Improving Import Food Safety

  • 1119237963.jpg

    Food Safety in China: Science, Technology, Management and Regulation

  • 9781138070912.jpg

    Trends in Food Safety and Protection

See More Products

Events

View AllSubmit An Event
  • April 8, 2026

    Foreign Material Contamination: Why In-Line Reinspection Isn't Enough

    On Demand: From this webinar, attendees will learn why reinspecting with in-line equipment is not sufficient when it comes to potential foreign material contamination.
View AllSubmit An Event

Related Directories

  • SoftTrace Ltd.

    SoftTrace has being providing innovative Software solutions to the Dairy industry for over twenty two years. Our experienced team fully understand the many challenges facing today’s dairy industry. Since the beginning, our customers are at the centre of what we do, SoftTrace takes pride in having developed and maintained strong customer relationships building up a strong Dairy manufacturing client base. Our software solutions form a key component for dairy manufacturing in Ireland, the U.K, Europe and North America.
  • Praesidio Consulting LLC

    Expert regulatory consulting based upon 25+ years FSIS experience. We specialize in HACCP and related food safety plans, facility design and sanitation program consultation, non-compliance management and appeals, enforcement action response, retention and recall management, and expert witness consultation for litigation cases.
×

Never miss the latest news and trends driving the food safety industry

Newsletters | Website | eMagazine

JOIN TODAY!
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • Newsletters
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • Instagram
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2026. All Rights Reserved BNP Media, Inc. and BNP Media II, LLC.

Design, CMS, Hosting & Web Development :: ePublishing